Hello, this is patent attorney Yongduck Kim of IPLEX IP Law Firm.
Documentation confirming a work's creation in the course of employment can be important to its legal protection and commercial use.
Works created by employees can raise questions about corporate authorship and ownership. This article explains the purpose of a statement confirming an employee-created work and how to prepare one.
What is an employee-created work?
Under Korean law, this concerns works created in the course of duties under an employer's initiative. Corporate authorship depends on the requirements of Article 9 of the Copyright Act, including publication in the employer's name where applicable and the absence of contrary contractual or workplace provisions.
Why document an employee-created work?
- A confirmation statement can help document the circumstances of creation and the company's claim to authorship.
- It may support a corporate copyright registration by showing that the work was created in the course of employment.
- It can also provide evidence of ownership in a later dispute.
- Clear ownership records support licensing, collaboration and other commercial transactions.
Preparing a confirmation statement
Identify the work's title and type, the employee creator's name and date of birth, and the circumstances showing that the work was created as part of assigned duties under the employer's initiative and supervision.
Record the facts accurately and obtain the appropriate signature or seal. The statement should reflect the applicable corporate-authorship requirements under Article 9 of the Copyright Act and be retained as evidence.
Example: submitting a confirmation statement
An employee created a character at Company A's direction. The company prepared a confirmation statement and completed copyright registration through IPLEX to document its ownership.
This case is based on the fact that we have actually conducted a company's copyright registration representative.
<Confirmation of an Employee-Created Work>
IPLEX assists with documenting employee-created works and copyright registration. Contact us to discuss protection of your company's creative assets.
IPLEX IP Law Firm, specializing in intellectual property rights, provides professional consulting for intellectual property protection and dispute resolution, including patent, utility model, design, trademark, and copyright. IPLEX IP Law Firm provides high-quality intellectual property rights services with the best know-how for the best technology.
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